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Poster: Fact_Checker Date: Jul 14, 2009 5:23pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

Contrary to the claim that just one lawsuit concerning the copyright status of "McLintock!" led to a decision, I know of three:

Maljack Productions, Inc. v. GoodTimes Home Video Corp.

Batjac Productions Inc. v. GoodTimes Home Video Corp.; Marybeth Peters, Register of Copyrights

Maljack Productions, Inc., and Batjac Productions, Inc., v. UAV Corp.

Read summaries here:

http://chart.copyrightdata.com/c10B.html#s014

http://chart.copyrightdata.com/c04A.html#s010

http://chart.copyrightdata.com/c10E.html#s011

http://chart.copyrightdata.com/c15A.html#s012

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jul 14, 2009 11:59pm
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

The first two cases you list are very much related to the case I cited. The case I cited was an appeal in regard to the first case you listed. The second case you listed was further action after the appeal. And the action against UAV was a seperate issue dealing with whether panning and scanning a widescreen film is a copyright protected derivative work. Original post has been changed to reflect that there were more cases.

This post was modified by Video-Cellar on 2009-07-15 06:59:08

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Poster: Fact_Checker Date: Jul 17, 2009 4:36am
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

Just so it doesn't seem I'm saying that the three cases I cite above are the only ones, I do recall that there was yet another case, one involving music rights on "McLintock!" I don't have the citation at hand (I'm sure I have it on a hard disk somewhere). As I recall, the outcome was as should be expected: the lapse of copyright on the feature film was not affected, with the film itself remaining in the public domain. Any separate copyright on the music which was removed continues to be enforceable.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jul 17, 2009 8:07am
Forum: feature_films Subject: Re: They Call Me Trinity (1970) / McLintock! (1963)

The 9th circuit appeal rested on the issue of music rights and comon law trademarks. MPI argued that McLintock! was a common law mark and that the 1962 agreement between Batjac and UA granted Batjac exclusive synchronization rights to the musical compositions.

The court affirmed that the exclusive synchronization rights and the copyright in the sound recordings included in the film had expired with the motion picture copyright and Goodtimes was free to engage with EMI, the musical rights owner, to licence the compositions.

As I was trying to explain in my first post, the musical copyright does not preclude the film from the public domain, as such. Any person/entity is free to use the film provided they either remove the musical score or seek the appropriate licence to use the original compositions. I linked to the appeal because it was the most appropriate case I could find regarding the issue in question.

This post was modified by Video-Cellar on 2009-07-17 15:07:52

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